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7 years ago  ::  Mar 08, 2008 - 4:31AM #1
bluestar
Posts: 5
Assalam Alaikum

Can someone please provide me the Ayah from the Qur'an which says - we must follow the law of the land. How can we explain to people that one cannot be married to two people at the same time. In most Muslim countries it is not against law, so people get away with it. But in the U.S. it is against the law, so we must follow the law of the land. I need the Ayah from the Qur'an to prove this point. Could someone do me this favor please?

Jazakallah.
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7 years ago  ::  Mar 13, 2008 - 11:19PM #2
bluestar
Posts: 5
Salaams,

It looks like no one ever visits this site any more. Could someone  come up with some response to my post, will appreciate it.

Thanks.

Noori
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6 years ago  ::  Mar 28, 2008 - 10:19PM #3
Ceren
Posts: 1,430
Assalamu `alaykum,

This is a summary of my notes of  the "Sacred law in secular land" lectures by Sh. Bin Bayyah and the book  of Taha Jabir al-Alwani on fiqh al-aqalliyyat. He's among the ones that has written the most about this subject.
The reasons that breaking the law for the case of polygyny is not allowed is because:

a)  When one live in a country, one signed a "tacit" contract/oath that it would respect the laws of the land. That is an assumed oath of every citizen of every country.
Muslims need to respect oaths (there are too many hadiths to quote about this; I'm sure you know them)
Thus you can't break the law because you would be breaking an oath.

A case in which you could break the law is if in the country you live, they passed a law that oppresses you in a way that doesn't let you practise your religion (practising your religion would mean doing the fard and abstaining from the haram). Then you can choose to do hijra or go on jihad (please see below for clarification of jihad)

b) Breaking the law in secrecy was never part of the sunnah of the prophet. He either did hijra or fought for his rights. In our context "fighting" doesn't necessarily mean that you go crazy killing people. Fighting for your rights can include taking your case to all the way to the supreme court and argue that polygyny infringes the Bill of Rights because of the "freedom of religion clause"

c) In the case of marriage, you will never be able to be fair to your wives, because one would be the "recognized" wife, and the other won't be recognized.  This violates the principle of fairness to wives and thus renders polygyny unlawful

d) From the point of maqasid al-shari`a , the institution of marriage was meant to, among many things protect the rights of women. However, on the "Islamic" marriages (ie. marriages that you just go and say "we're married") you are not protecting the rights of women since the marriage and its conditions are really unenforceable. This is why scholars of fiqh al-aqalliyyat say that you have to register your marriage with the state.

I hope this clarifies the issue.
All the best,
Ceren
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6 years ago  ::  Mar 28, 2008 - 10:19PM #4
Ceren
Posts: 1,430
Assalamu `alaykum,

This is a summary of my notes of  the "Sacred law in secular land" lectures by Sh. Bin Bayyah and the book  of Taha Jabir al-Alwani on fiqh al-aqalliyyat. He's among the ones that has written the most about this subject.
The reasons that breaking the law for the case of polygyny is not allowed is because:

a)  When one live in a country, one signed a "tacit" contract/oath that it would respect the laws of the land. That is an assumed oath of every citizen of every country.
Muslims need to respect oaths (there are too many hadiths to quote about this; I'm sure you know them)
Thus you can't break the law because you would be breaking an oath.

A case in which you could break the law is if in the country you live, they passed a law that oppresses you in a way that doesn't let you practise your religion (practising your religion would mean doing the fard and abstaining from the haram). Then you can choose to do hijra or go on jihad (please see below for clarification of jihad)

b) Breaking the law in secrecy was never part of the sunnah of the prophet. He either did hijra or fought for his rights. In our context "fighting" doesn't necessarily mean that you go crazy killing people. Fighting for your rights can include taking your case to all the way to the supreme court and argue that polygyny infringes the Bill of Rights because of the "freedom of religion clause"

c) In the case of marriage, you will never be able to be fair to your wives, because one would be the "recognized" wife, and the other won't be recognized.  This violates the principle of fairness to wives and thus renders polygyny unlawful

d) From the point of maqasid al-shari`a , the institution of marriage was meant to, among many things protect the rights of women. However, on the "Islamic" marriages (ie. marriages that you just go and say "we're married") you are not protecting the rights of women since the marriage and its conditions are really unenforceable. This is why scholars of fiqh al-aqalliyyat say that you have to register your marriage with the state.

I hope this clarifies the issue.
All the best,
Ceren
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6 years ago  ::  Mar 30, 2008 - 1:17PM #5
Ceren
Posts: 1,430
Assalamu `alaykum,
I just happened to bump today into the following interesting article written by  Dr. Abd al-Hakim Jackson. Here's the linke:  http://qa.sunnipath.com/issue_view.asp?id=2625

I'll just post 2 things from it here, but I think it's an interesting read

....To begin with, the U.S. constitution was the result of an agreement among a group of non-Muslims about how to distribute political rights and power within a non-Muslim polity. Not being Muslims, it was only natural that this agreement not be based on Islamic law. To recognize this fact, and concomitantly the validity of such an agreement, is not necessarily a recognition of the right to ignore or flaunt God's law. Rather, it is more akin to the jurists' recognition of the validity of a formerly Christian or Jewish couple's Christian or Jewish marriage even after the couple has embraced Islam. ...

The Qur'an and Sunnah are full of exhortions to the Muslims to honor treaties and agreements brokered by non-Muslims. Again, however, this implies a tacit acknowledgment of the legitimacy of non-Muslims as bargaining parties. In other words, were it not legitimate for non-Muslims to broker agreements (since such agreements are neither derived from divine authority nor likely to be based on the law of Islam) it would not be legitimate, a fortiori, for Muslims to honor these very agreements. Yet, we find that even agreements to which the non-Muslims attached stipulations that appeared to curtail or infringe upon certain rights of the Muslims, as occurred, for example, in the Treaty of Hudaybiyah, where Quraysh stipulated that Muslims who leave Mecca to join the Prophet (alayhis-salam) at Medina must be sent back to Mecca, were honored and recognized by the Prophet as legally binding. Clearly, however, none of this in any way implied any acceptance - as a matter of conscience - of the right of non-Muslims to challenge or violate God's rightful monopoly as Law-Giver.


All the best,
Ceren
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6 years ago  ::  Mar 30, 2008 - 1:36PM #6
USMuslim
Posts: 167
[QUOTE=Ceren;394568]Assalamu `alaykum,
I just happened to bump today into the following interesting article written by  Dr. Abd al-Hakim Jackson. Here's the linke:  http://qa.sunnipath.com/issue_view.asp?id=2625

I'll just post 2 things from it here, but I think it's an interesting read

....To begin with, the U.S. constitution was the result of an agreement among a group of non-Muslims about how to distribute political rights and power within a non-Muslim polity. Not being Muslims, it was only natural that this agreement not be based on Islamic law. To recognize this fact, and concomitantly the validity of such an agreement, is not necessarily a recognition of the right to ignore or flaunt God's law. Rather, it is more akin to the jurists' recognition of the validity of a formerly Christian or Jewish couple's Christian or Jewish marriage even after the couple has embraced Islam. ...

The Qur'an and Sunnah are full of exhortions to the Muslims to honor treaties and agreements brokered by non-Muslims. Again, however, this implies a tacit acknowledgment of the legitimacy of non-Muslims as bargaining parties. In other words, were it not legitimate for non-Muslims to broker agreements (since such agreements are neither derived from divine authority nor likely to be based on the law of Islam) it would not be legitimate, a fortiori, for Muslims to honor these very agreements. Yet, we find that even agreements to which the non-Muslims attached stipulations that appeared to curtail or infringe upon certain rights of the Muslims, as occurred, for example, in the Treaty of Hudaybiyah, where Quraysh stipulated that Muslims who leave Mecca to join the Prophet (alayhis-salam) at Medina must be sent back to Mecca, were honored and recognized by the Prophet as legally binding. Clearly, however, none of this in any way implied any acceptance - as a matter of conscience - of the right of non-Muslims to challenge or violate God's rightful monopoly as Law-Giver.


All the best,
Ceren[/QUOTE]

I have known many Muslims with this attitude–LIVING IN AMERICA. If they feel that a man-made law or brokered agreement is not valid then why do they live here? So many of these people are Americans by birth and they have converted to Islam and become experts. I think their stand is impractical and harmful to the Muslim Ummah. What good does it do to say, "Well, your laws don't apply to me because I'm Muslim, BUT I have the right to live here, I have the rights given to me by the constitution, you cannot render me to another country and interrogate me or you cannot bug my phones, you cannot guarantee I will get treated in the hospital even though I do not have health coverage (insurance is haraam), and so on and so forth. if a person thinks that American law doesn't apply to them living in America, then why do they persist in living here?
Oh! This one angers me. It's the same dudes who say we shouldn't vote or participate in the political process, or allow our wives to be seen in public, or allow our children to speak with non-Muslims–all while living here. It just makes me crazy.
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6 years ago  ::  Mar 30, 2008 - 7:46PM #7
bluestar
Posts: 5
ASA Ceren,

Thank you very much for your detailed responses. However I was looking for a Qur'anic quote. I know there is such a quote that says, Muslims must respect the law of the land. I just do not know where exactly it is. I thought someone on this forum would know.

If anyone does come across that particular verse, please reply.

Jazakallah.

Noor
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